Afternoon Drive withJoanne Joseph

EFF supporters and members stormed H&M stores on Saturday morning in an angry response to an advert from the Swedish retail brand. The ad image showed a black boy wearing a green hoodie which reads, ‘Coolest monkey in the jungle.’

702 presenter Ray White asked practicing attorney at T Maseko Attorneys Tyrone Maseko about the legal repercussion of the EFFs actions, and what this means for the leaders of the party.

Maseko says that the EFF is an organisation and in criminal law, organisations cannot be arrested. He adds that there there’s no criminal liability towards an organisation.

Maseko says that in terms of holding the party accountable, you need to deal with the individuals who committed the crime. You cannot incarcerate the EFF, so you have to deal with the people who allegedly committed the offence says Maseko.

The critical thing here is identifying which individuals were involved in the perpetration of the crime.

— Tyrone Maseko, practicing attorney at T Maseko Attorneys

Maseko says that there’s a possibility that EFF leaders could face charges for inciting violence, but this depends on if there was any incitement on the part of the leaders.